Originally Posted by
Confus
I guess it comes down to which takes precedence, when the package holiday regulations and EU261 clash. BAH have decided that the Holiday does, I don’t know if it’s been tested anywhere. I don’t know of any specific provision within EU261 that decides this when the Holiday and Airline companies are branches of the same parent company.
Interesting point that has been exercising me since you made it. I think I have found the answer in that Article 14(5) of EU
2015/2302 which is the Package and Linked Holiday Directive provides:
Any right to compensation or price reduction under this Directive shall not affect the rights of travellers under Regulation (EC) No 261/2004, Regulation (EC) No 1371/2007, Regulation (EC) No 392/2009 of the European Parliament and of the Council (20), Regulation (EU) No 1177/2010 and Regulation (EU) No 181/2011, and under international conventions. Travellers shall be entitled to present claims under this Directive and under those Regulations and international conventions. Compensation or price reduction granted under this Directive and the compensation or price reduction granted under those Regulations and international conventions shall be deducted from each other in order to avoid overcompensation.
Given the extensive commentary that the Directive is intended to extend the rights of travellers on package holidays it would be perverse if a Court were to find that the Directive trumps EU261.